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Full-Text Articles in Law

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram Jan 2000

Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram

Faculty Scholarship

This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …

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Humanitarian Intervention At A Crossroads, Bartram Brown Jan 2000

Humanitarian Intervention At A Crossroads, Bartram Brown

All Faculty Scholarship

No abstract provided.

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Retrieving The Rejected Stone: Rethinking The Marginalization Of The Economic, Social And Cultural Rights Under The African Charter On Human And Peoples' Rights, Shedrack Chukwuemeka Agbakwa Jan 2000

Retrieving The Rejected Stone: Rethinking The Marginalization Of The Economic, Social And Cultural Rights Under The African Charter On Human And Peoples' Rights, Shedrack Chukwuemeka Agbakwa

LLM Theses

The 'African Charter on Human and Peoples Rights' is unique in its conceptualization of rights. Among other things, it provides in a single document a core of both economic, social and cultural rights, as well as civil and political rights. However, the 'Charter's' Preamble clearly demonstrates where the emphasis of the document lies. The 'African Charter' asserts a belief that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. Given the grave economic problems facing Africa, the emphasis on economic, social and cultural rights as a precondition for the enjoyment …

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Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana Jan 2000

Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana

Faculty Scholarship

In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …

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At The Crossroads Of Environmental And Human Rights Standards: Aguinda V. Texaco, Inc. Using The Alien Tort Claims Act To Hold Multinational Corporate Violators Of International Laws Accountable In U.S. Courts, Lisa Lambert Jan 2000

At The Crossroads Of Environmental And Human Rights Standards: Aguinda V. Texaco, Inc. Using The Alien Tort Claims Act To Hold Multinational Corporate Violators Of International Laws Accountable In U.S. Courts, Lisa Lambert

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan Jan 2000

The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan

Faculty Articles and Other Publications

International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …

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Email To Kate On Article Changes, Wendy J. Gordon Jan 2000

Email To Kate On Article Changes, Wendy J. Gordon

Scholarship Chronologically

Here are further corrections to my article (Chapter 10).

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Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons Jan 2000

Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …

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Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl Jan 2000

Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl

Scholarly Articles

Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …

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Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody Jan 2000

Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody

Law Publications

No abstract provided.

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Waking "Sleeping Beauty": The Revised European Social Charter, Anne Theodore Briggs Jan 2000

Waking "Sleeping Beauty": The Revised European Social Charter, Anne Theodore Briggs

Human Rights Brief

No abstract provided.

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Sierra Leone: Diamonds For Arms, Sheryl Dickey Jan 2000

Sierra Leone: Diamonds For Arms, Sheryl Dickey

Human Rights Brief

No abstract provided.

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Efforts And Opportunities To Use International Law To Alleviate Poverty In The United States, Beth Lyon Jan 2000

Efforts And Opportunities To Use International Law To Alleviate Poverty In The United States, Beth Lyon

Human Rights Brief

No abstract provided.

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U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari Jan 2000

U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll Jan 2000

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll

UIC Law Review

No abstract provided.

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Prison Conditions In Cuba: An Assessment Of Cuba's Compliance With Basic Human Rights Standards, Natasha Parassram Concepcion Jan 2000

Prison Conditions In Cuba: An Assessment Of Cuba's Compliance With Basic Human Rights Standards, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.

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The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham Jan 2000

The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham

Human Rights Brief

No abstract provided.

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Laogai: Reform Through Labor In China, Ramin Pejan Jan 2000

Laogai: Reform Through Labor In China, Ramin Pejan

Human Rights Brief

No abstract provided.

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Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd Jan 2000

Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd

Northwestern Journal of International Law & Business

This comment begins by discussing the mail-order bride industry in the context of international human trafficking, focusing on traffic between the United States and the Philippines, and includes an overview of the current regulations that exist regarding this industry. It then gives an overview of the major criticisms of the mail-order bride industry, the international problems created by the practice of trafficking women as brides, and the failure of current regulations in the United States and the Philippines (or the lack thereof) to address these problems. Finally, this comment calls for international regulation that would begin to address these problems, …

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Massachusetts, Myanmar, Market Participation, And The Federal Shutdown Of Selective Purchasing Laws: Is The Power To Purchase Really The Power To Regulate , Scott Sommers Jan 2000

Massachusetts, Myanmar, Market Participation, And The Federal Shutdown Of Selective Purchasing Laws: Is The Power To Purchase Really The Power To Regulate , Scott Sommers

Northwestern Journal of International Law & Business

This article does not discuss whether intentionally giving companies an incentive to withdraw from Burma is economically or politically desirable for the people of Burma. The First Circuit did not concern itself with this subject either in rejecting the Massachusetts Burma Law. The question of interest to the court, and which should be of interest to any state citizen or global corporation interested in doing business with state agencies, was whether Massachusetts had the discretion to make a purchasing law directly concerning the business involvement of suppliers in foreign countries. While legitimate legal and practical arguments may be made that …

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Law No. 153: Its Impact On Egyptian Non-Governmental Organizations, Barbara Cochrane Alexander Jan 2000

Law No. 153: Its Impact On Egyptian Non-Governmental Organizations, Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

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Point: U.S. Millitary Support For Plan Colombia: Adding Fuel To The Fire , Andrew Miller Jan 2000

Point: U.S. Millitary Support For Plan Colombia: Adding Fuel To The Fire , Andrew Miller

Human Rights Brief

No abstract provided.

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Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant Jan 2000

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

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Globalization Or Global Subordination? Latcrit Links The Global To The Local And The Local To Global, Sylvia R. Lazos Jan 2000

Globalization Or Global Subordination? Latcrit Links The Global To The Local And The Local To Global, Sylvia R. Lazos

Scholarly Works

Professor Lazos introduces the fifth and final cluster of this LatCrit IV Symposium, International Linkages and Domestic Engagement, which includes five important contributions to LatCrit IV's focus on global issues by Professors Timothy Canova, Gil Gott, Tayyab Mahmud, Ediberto Roman, and Chantal Thomas. The introduction below sketches out, by way of illustration only, how some of the work already presented in this symposium cultivates the linkage between local racial formation and global market dynamics. The introduction then explores LatCrit's contribution to the critique of globalism.

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Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos Jan 2000

Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos

Scholarly Works

This Essay reviews “Notes of a Racial Caste Baby, Colorblindness and the End of Affirmative Action” by Bryan K. Fair, “How Did You Get to Be a Mexican? a White/Brown Man's Search for Identity” by Kevin R. Johnson, and “To be an American: Cultural Pluralism and the Rhetoric of Assimilation” by Bill Ong Hing. This Essay examines the potential contributions each book makes to legal scholarship and the popular press. The Essay first describes how each author uses the autobiographical narrative and what these narratives accomplish. The Essay examines each book's legal agenda and assesses how well each author achieves …

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Book Note, Fatma E. Marouf Jan 2000

Book Note, Fatma E. Marouf

Scholarly Works

Tortured Confessions presents an innovative perspective on the relationship between torture and propaganda. Abrahamian’s persuasive account exposes the intrinsic limitations of arguments that try to explain torture as simply the result of a “traditional” regime, a desire for social discipline, or a search fro security information; he binds torture instead to ideological warfare and political mobilization, the fundamental goals of military propaganda.

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Rethinking Property Rights As Human Rights: Acquiring Equal Property Rights As Human Rights Acquiring Equal Property Rights For Women Using International Human Rights Treaties, Leslie Kurshan Jan 2000

Rethinking Property Rights As Human Rights: Acquiring Equal Property Rights As Human Rights Acquiring Equal Property Rights For Women Using International Human Rights Treaties, Leslie Kurshan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll Jan 2000

The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Human Rights And Corporate Responsibility, 8 Tulsa. J. Comp. & Int'l L. 1 (2000), Mark E. Wojcik Jan 2000

Human Rights And Corporate Responsibility, 8 Tulsa. J. Comp. & Int'l L. 1 (2000), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

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